Hermann v. Aaronson
New York Supreme Court
December, 1867. Motion for repayment of money deposited with the sheriff in lieu of bail. This action was brought by Isaac Hermann-against Newman Aaronson. An order of arrest was issued, fixing the amount of bail at $2,500, and upon this order the defendant was arrested.
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December, 1867. Motion for repayment of money deposited with the sheriff in lieu of bail. This action was brought by Isaac Hermann-against Newman Aaronson. An order of arrest was issued, fixing the amount of bail at $2,500, and upon this order the defendant was arrested. Instead of the defendant’s giving bail, his son, Joseph N. Aaronson, deposited with the sheriff the check of Aaronson Brothers, for $2,500—and took a receipt from his deputy, specifying that the deposit was “in lieu of bail for the appearance of defendant on the order of arrest * * * said check to be returned on surrender of…
1Opinion of the CourtVan Vorst, J.
I am satisfied that this motion cannot be granted. Section 199 of the Code provides that if money be deposited, as provided in the last two sections, 197 and 198, bail may be given and justified upon motion, as prescribed in section 193, any time before judgment, and thereupon the judge before whom the justification is had shall direct in the order of allowance that the money deposited be refunded by the sheriff to the defendant. No application for the refunding of the money can be made until bail has actually justified, and upon notice of not less than five nor more than ten days.
It does not…
2Cases cited2 opinions
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- Forrest v. StateTennessee Supreme Court · 1926